Rulebooks: Contents

Rulebooks
Mainboard Rules
Catalist Rules
SGX-ST Rules
CDP Clearing Rules
Rule 1 — Application and Definitions
Rule 2 — Administration
Rule 3 — Membership
Rule 4 — Appointment of Chief Executive Officers and Directors
Rule 5 — Financial/Capital Requirements
Rule 5A — Position Accounts
Rule 6 — Clearing and Settlement between Clearing Members and CDP
Rule 6A — Margin Requirements
Rule 6B — Collateral
Rule 6C — Payments
Rule 7 — Clearing Fund
Rule 8 — Default Rules
Rule 9 — Suspension or Restriction of Clearing
Rule 10 — Liabilities
Rule 11 — Supervisory Rules
Rule 12 — Foreign Market Links
Rule 13 — General
Rule 14 — Transitional Provisions
Appendices
Regulatory Notices to CDP Clearing Rules
Practice Notes
Schedules
CDP Settlement Rules
DVP Rules [Entire Rulebook has been deleted]
CDP Depository Rules
Futures Trading Rules
SGX-DC Clearing Rules
SIAC DT Arbitration Rules
SIAC DC Arbitration Rules
Archive
Rule Amendments

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  • 3.5 General Obligations of a Clearing Member

    • 3.5.1

      Each Clearing Member undertakes and agrees to:—

      (1) comply at all times with the applicable eligibility criteria set out in this Chapter 3;
      (2) clear and settle any Exchange Trade transacted by it through CDP in accordance with this Clearing Rules and the Clearing Directives (where applicable);
      (3) clear and settle any Exchange Trade transacted by a Trading Member qualified by it as a principal obligor and not merely as a guarantor through CDP in accordance with this Clearing Rules and the Clearing Directives (where applicable);
      (4) comply with this Clearing Rules and the Clearing Directives (where applicable);
      (5) grant CDP all rights and remedies as set forth in this Clearing Rules and the Clearing Directives (where applicable);
      (6) pay CDP all fees, charges, costs, compensation and other sums as provided in this Clearing Rules and the Clearing Directives (where applicable);
      (7) make such contributions or payments to the Clearing Fund as may be required in this Clearing Rules;
      (8) generally take or refrain from taking such action as may be required in relation to the Clearing Fund;
      (9) exercise reasonable supervision over its employees and agents with a view to preventing any violation of SFA (where applicable), this Clearing Rules and Clearing Directives (where applicable). For this purpose, a Clearing Member shall be deemed to have complied with this Rule 3.5.1(9) if:—
      (a) it has established and maintained proper procedures and systems for its business, and in the case of a Bank Clearing Member, its business governed by this Clearing Rules, to prevent any such violations by its directors, officers, employees and agents;
      (b) it has in place sufficient resources and established and maintained adequate internal control and risk management systems for its business, and in the case of a Bank Clearing Member, its business governed by this Clearing Rules; and
      (c) the Clearing Member's employees or agents, have reasonably discharged their duties and obligations in enforcing the procedures and systems for its business, and in the case of a Bank Clearing Member, its business governed by this Clearing Rules;
      (10) comply with the clearing limits as CDP may prescribe from time to time;
      (11) maintain bank accounts in the currencies as necessary, and with banks acceptable to CDP, to facilitate payments and/or settlement as may be required under these Clearing Rules;
      (12) ensure that its Memorandum and Articles of Association or its constitution shall at all times conform to this Clearing Rules and the Clearing Directives (where applicable) so as to enable it to observe and perform fully the covenants, terms, stipulations, conditions and other provisions of this Clearing Rules and the Clearing Directives (where applicable); and
      (13) take such steps, including without limitation procedural steps (whether of a technical or non-technical nature or otherwise), as CDP may require to ensure the orderly clearing and settlement of Exchange Trades qualified by the Clearing Member.

      Amended on 1 July 2008, 1 July 2016 and 10 December 2018.

    • 3.5.2 Provision of Information

      (1) A Clearing Member shall promptly submit to CDP and/or such party as directed by CDP such information, electronic records, returns or documents as and when such information, electronic records, returns or documents are required by CDP, provided that any information, electronic records, returns or documents shall be deemed not to have been duly submitted if it contains materially untrue statements or omits material statements or is otherwise misleading. Where any information, electronic records, returns or documents are deemed not to have been duly submitted, the Clearing Member shall promptly resubmit the same upon notice from CDP. For the avoidance of doubt, reference to "information, electronic records, returns or documents" in relation to a Bank Clearing Member, shall refer to such information, electronic records, returns or documents falling within the Bank Clearing Member's business governed by this Clearing Rules.
      (2) CDP may impose such fine on the Clearing Member as prescribed from time to time in the Clearing Directives for late submission of any information, electronic records, returns or documents that are required by CDP pursuant to Rule 3.5.2(1).

      Amended on 1 July 2008.

    • 3.5.3

      A Clearing Member must:—

      (1) maintain complete and accurate records, or in the case of a Bank Clearing Member, records in relation to the Bank Clearing Member's business governed by this Clearing Rules, in accordance with the SFA, SFR, this Clearing Rules and the Clearing Directives (where applicable);
      (2) not make, or cause to be made, a false or misleading entry, in hardcopy or electronic form, in any books, records, reports, slips, documents, statements relating to the business, affairs, transactions, conditions, assets or accounts ("the Documents") of a Clearing Member's business, or in the case of a Bank Clearing Member, its business governed by this Clearing Rules;
      (3) make all material entries in any of the Documents; and
      (4) not alter or destroy any of the Documents without a valid reason.

      Amended on 1 July 2008.

    • 3.5.4 Business Continuity Requirements

      (1) a Clearing Member must assess its business and operational risks and maintain adequate business continuity arrangements.
      (2) a Clearing Member must document its business continuity arrangements in a business continuity plan.
      (3) a Clearing Member's senior management shall be responsible for the Clearing Member's business continuity plan. Sufficient awareness of the risks, mitigating measures and state of readiness must be demonstrated by way of an attestation to the Clearing Member's Board of Directors.
      (4) a Clearing Member must review and test its business continuity plan regularly.
      (5) a Clearing Member must appoint emergency contact persons, and furnish the contact information of such persons to CDP. The Clearing Member's emergency contact persons must be contactable at all times, and must immediately notify CDP in the event of emergencies.

      Refer to Practice Note 3.5.4.

      Added on 22 January 2009

    • 3.5.5 Records of Customer Monies and Assets in Relation to Trades Cleared or Settled through CDP

      In relation to monies and assets received from its Customers, a Clearing Member must:

      (1) maintain complete and accurate records, which enable it to identify at all times, specific amounts of such monies and assets deposited with it by each Customer in connection with such Customer's trades which are, or are to be, cleared or settled through CDP; and
      (2) provide the records referred to in Rule 3.5.5(1) to CDP by such time as CDP may require.

      Amended on 22 April 2013 and 10 December 2018.